Contact Us

Terms of Use

Mass Media Labs LLC

Effective Date: 04/15/26

1.  Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between Mass Media Labs LLC, a Texas single-member limited liability company (“Agency,” “we,” “us,” or “our”) and the individual or business entity accepting these Terms (“Client” or “you”).

By signing a contract with Mass Media Labs LLC or engaging any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have full legal authority to bind that entity to these Terms.

2.  Services Provided

Mass Media Labs LLC is a specialized email and SMS marketing agency focused on customer retention and lifetime value (LTV) optimization. We offer the following service tiers:

2.1  The 21-Day Retention Framework

Our flagship engagement is a structured 21-day implementation designed to build your business a fully functional retention engine. This includes strategy, setup, automation buildout, and a complete handoff session. All deliverables created during this engagement remain the intellectual property of the Client upon full payment and completion of the handoff session described in Section 4.

2.2  Monthly Retainer Management

Clients who elect ongoing support will receive the following services on a monthly basis:

  • Deployment of 2–3 email newsletters per week
  • Ongoing email and SMS campaign management via the Client’s designated platform (see Section 3)
  • Compliance monitoring to ensure the Client’s marketing practices remain in legal standing under applicable Texas and federal laws governing email and SMS marketing
  • A comprehensive “Deep Audit” performed at 90 days to assess list health, deliverability, campaign performance, and legal compliance

2.3  Quarterly Performance Audit

For Clients who do not engage on a monthly retainer, Mass Media Labs LLC offers a standalone Quarterly Performance Audit conducted every 90 days for a flat fee to be agreed upon in a separate service order. This audit evaluates campaign performance, list health, deliverability metrics, and compliance standing.

2.4  Additional Services

Additional services not described above may be offered on a case-by-case basis and will be governed by a separate written service order or statement of work.

3.  Email Service Provider (ESP) — Platform Options & Requirements

Mass Media Labs LLC holds certified Agency Partnerships with both Brevo (formerly Sendinblue) and ActiveCampaign. These are our two preferred email service provider (ESP) platforms, and all standard service packages are designed and optimized for delivery on one of these two platforms.

Clients are not required to use Brevo or ActiveCampaign as a condition of engagement. However, Clients who elect to use their own existing ESP (“Bring Your Own ESP” or “BYOE”) will be subject to an additional monthly platform management fee, as described in Section 3.4 below.

3.1  Preferred Platforms — Brevo & ActiveCampaign

If the Client does not have an existing ESP preference, Mass Media Labs LLC will recommend either Brevo or ActiveCampaign based on the Client’s business size, goals, and technical requirements. Clients who onboard to one of our preferred platforms will receive:

  • Full system setup and integration within the Agency’s existing partner infrastructure
  • Access to all features required for our standard retention framework implementation
  • Streamlined agency access and permissions management

3.2  Brevo Subscription Requirements

Clients operating on the Brevo platform must maintain an active Brevo subscription. We strongly recommend the Business plan at approximately $18/month to ensure access to all features required for service delivery. The Client is solely responsible for the cost of their Brevo subscription.

Client must invite Mass Media Labs LLC as an Agency partner within their Brevo account with full permissions (including the ability to create, edit, send, and manage campaigns, automations, contacts, and integrations). Access must be granted no later than the start date of the engagement.

3.3  ActiveCampaign Subscription Requirements

Clients operating on the ActiveCampaign platform must maintain an active ActiveCampaign subscription at a tier sufficient to support the services outlined in the applicable service agreement. The Client is solely responsible for the cost of their ActiveCampaign subscription.

Client must grant Mass Media Labs LLC full user-level access within their ActiveCampaign account, including permissions to create, edit, send, and manage campaigns, automations, pipelines, contacts, and integrations. Access must be granted no later than the start date of the engagement.

3.4  Bring Your Own ESP (BYOE) — Additional Fee

Clients who elect to use an ESP other than Brevo or ActiveCampaign (“BYOE Clients”) may do so, provided the chosen platform supports the technical capabilities required for Mass Media Labs LLC to deliver the contracted services.

BYOE Clients will be assessed an additional monthly platform management fee to offset the increased operational overhead associated with operating outside our standard partner infrastructure. This fee will be disclosed in the applicable service agreement or statement of work prior to engagement.

Mass Media Labs LLC reserves the right to decline engagement on a Client’s existing platform if it does not support the technical requirements necessary to deliver services effectively. In such cases, the Client will be advised to migrate to one of our preferred platforms as a condition of engagement.

3.5  Platform Terms Compliance

Regardless of the platform used, the Client agrees to comply with the Terms of Service and Acceptable Use Policy of their designated ESP. Mass Media Labs LLC is not responsible for account suspensions or restrictions imposed by any platform provider due to the Client’s actions, content, or list practices.

Note: Failure to maintain an active subscription or to provide and maintain required agency access on any platform may result in a delay or suspension of services. Mass Media Labs LLC shall not be held liable for any resulting performance gaps.

4.  Client Obligations & Conditions of Performance

Mass Media Labs LLC’s ability to deliver results is directly dependent on the Client’s active participation and cooperation. The following obligations are not optional — they are conditions of performance. Mass Media Labs LLC shall not be held liable for any underperformance, delayed results, or lack of results where the Client has failed to fulfill any of the following obligations.

4.1  Brand Asset Submission (3-Day Requirement)

Within three (3) business days of the official engagement start date, the Client must submit all of the following brand assets to Mass Media Labs LLC:

  • Business logo(s) in high-resolution format (PNG or SVG preferred)
  • Brand color palette (hex codes preferred)
  • Brand fonts (with license files if applicable)
  • Brand voice and tone guidelines, or a written description of the desired brand vibe
  • Any other existing brand guidelines or style documentation
  • “Staff Member” or “Collaborator” access to the Client’s website for technical setup

Failure to provide brand assets within three (3) business days may delay the start of framework implementation. Mass Media Labs LLC is not liable for any delays or missed milestones caused by late asset delivery.

4.2  Framework Handoff Session (Requirement)

Upon completion of the 21-Day Retention Framework, Mass Media Labs LLC will deliver a full handoff of all systems, automations, and campaign structures built during the engagement. This handoff will be provided in one of the following formats, at the Client’s discretion:

Option A — Handoff Session: The Client’s owner or a designated manager with decision-making authority may elect to schedule a live handoff meeting with Mass Media Labs LLC. This session will walk through all retention systems built, explain automation logic, transfer relevant credentials and documentation, and review recommended next steps.

Option B — Written Handoff Document: If the Client does not wish to schedule a live session, Mass Media Labs LLC will prepare a comprehensive written handoff document delivered via email. This document will include all relevant system overviews, automation explanations, login and access information, and next-step recommendations.

Regardless of the format selected, the Client is responsible for reviewing all handoff materials and raising any questions within seven (7) business days of delivery. Mass Media Labs LLC shall have no further obligation to re-deliver handoff materials after this window has passed. Failure to review or respond within this period constitutes acceptance of the materials as delivered, and Mass Media Labs LLC shall bear no liability for the Client’s inability to operate or maintain the systems thereafter.

4.3  Content Publishing Requirement (Monthly Retainer Clients)

Clients on a monthly retainer agree to publish a minimum of eight (8) pieces of original content per calendar month across their owned social media or marketing channels. Each piece of content must include a clear call-to-action (CTA) directing the audience to the lead magnet created by Mass Media Labs LLC as part of the retention framework.

This content requirement exists because the lead magnet and email list are the primary growth engines of the retention system. Failure to consistently drive traffic to the lead magnet will directly and materially impact list growth, campaign performance, and overall results. If the Client does not meet this content requirement in any given month, Mass Media Labs LLC is expressly not liable for underperformance in list growth or email marketing results for that month.

4.4  General Cooperation

In addition to the specific requirements above, Client agrees to:

  • Respond to requests for feedback, approvals, or information from Mass Media Labs LLC within two (2) business days
  • Ensure that all contact lists submitted to Mass Media Labs LLC consist exclusively of individuals who have provided prior express consent to receive marketing communications, in compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and all applicable state laws
  • Maintain accurate and current billing information for their designated ESP account and any other tools required for service delivery
  • Promptly notify Mass Media Labs LLC of any changes to business ownership, branding, or market focus that may impact campaign strategy

5.  Limitation of Liability & Disclaimer of Results

Mass Media Labs LLC does not guarantee specific marketing results, including but not limited to revenue increases, open rates, click-through rates, subscriber growth, or return on investment. Marketing outcomes are inherently dependent on numerous variables outside of our control, including market conditions, product quality, customer behavior, Client content activity, and platform algorithm changes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MASS MEDIA LABS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In all cases, Mass Media Labs LLC’s total cumulative liability to Client for any and all claims shall not exceed the total fees paid by Client to Mass Media Labs LLC in the three (3) months immediately preceding the event giving rise to the claim.

5.1  Non-Liability for Client Non-Performance

Where a Client’s failure to fulfill any obligation set forth in Section 4 of these Terms contributes to or causes a deficiency in results, Mass Media Labs LLC shall bear no liability whatsoever for such deficiency. This includes, without limitation:

  • Late or incomplete delivery of brand assets
  • Failure to attend the framework handoff session
  • Failure to publish the required minimum content with CTAs
  • Failure to maintain an active ESP subscription or provide required agency access
  • Failure to maintain a compliant and permission-based contact list

6.  Email & SMS Marketing Compliance

Mass Media Labs LLC takes legal compliance seriously. All campaigns managed by our agency are designed and executed with adherence to applicable federal and Texas state laws, including but not limited to:

  • The CAN-SPAM Act of 2003
  • The Telephone Consumer Protection Act (TCPA)
  • Texas Business & Commerce Code — Chapter 321 (Texas Spam Laws)
  • Texas Business & Commerce Code — Chapter 305 (Telemarketing)

Client acknowledges and agrees that it is the Client’s sole responsibility to ensure that all contact lists, consent records, and marketing content provided to Mass Media Labs LLC comply with applicable laws. Mass Media Labs LLC will not knowingly send communications to contacts who have not provided proper consent. Client agrees to indemnify and hold harmless Mass Media Labs LLC from any claims, fines, or penalties arising from Client’s non-compliant lists or instructions.

7.  Fees, Payment & Cancellation

Service fees, payment schedules, and cancellation terms shall be set forth in the applicable service agreement or statement of work entered into by both parties. In the absence of a specific written agreement:

  • Payment is due prior to or at the commencement of services unless otherwise agreed in writing
  • All fees are non-refundable once services have commenced, except as expressly stated in a separate written agreement
  • Monthly retainer agreements require 30 days’ written notice to cancel
  • Mass Media Labs LLC reserves the right to suspend services upon non-payment without liability to the Client

Any additional fees applicable to BYOE Clients under Section 3.4 will be itemized separately in the applicable service agreement.

8.  Intellectual Property

All frameworks, methodologies, templates, systems, and processes developed by Mass Media Labs LLC prior to or independent of a Client engagement remain the sole and exclusive intellectual property of Mass Media Labs LLC (“Agency IP”). Client is granted a non-exclusive, non-transferable license to use Agency IP solely within the context of their own business operations.

All campaign content, copy, and creative assets developed exclusively for Client and fully paid for by Client shall be owned by Client upon completion of payment and the handoff session referenced in Section 4.2.

Client grants Mass Media Labs LLC a limited, non-exclusive license to use Client’s brand assets solely as necessary to perform services under these Terms.

9.  Confidentiality

Each party agrees to keep confidential all non-public information of the other party that is disclosed in connection with these Terms and is designated as confidential or reasonably should be understood to be confidential. Neither party shall disclose such information to third parties without prior written consent, except as required by law or legal process.

10.  Term & Termination

These Terms remain in effect for the duration of the Client’s engagement with Mass Media Labs LLC. Either party may terminate services by providing written notice as specified in the applicable service agreement. Upon termination:

  • Client shall remain responsible for all fees accrued up to the termination date
  • Mass Media Labs LLC shall deliver any completed work product owed to Client upon receipt of all outstanding payments
  • Sections 5, 6, 8, 9, and 11 of these Terms shall survive termination

11.  Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms shall be resolved first through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Grayson County, Texas, in accordance with the rules of the American Arbitration Association.

12.  Amendments & Entire Agreement

These Terms, together with any applicable service agreement or statement of work, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, or agreements. Mass Media Labs LLC reserves the right to update these Terms at any time. Clients will be notified of material changes in writing. Continued engagement with Mass Media Labs LLC following notice of updated Terms constitutes acceptance of the revised Terms.

13.  Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.  Contact Information

For questions regarding these Terms, please contact:

Mass Media Labs LLC

5900 Balcones Drive Suite 30932, Austin, TX 78731

Email: support@massmedialabs.pro

Phone: 254-964-3876

Website: www.massmedialabs.pro